Human Rights Bill [H.L.]
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| Safeguard for existing human rights. |
11. A person's reliance on a Convention right does not restrict-
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(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or |
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(b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. |
| Freedom of expression. |
12. - (1) This section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the Convention right to freedom of expression.
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(2) If the person against whom the application for relief is made ("the respondent") is neither present nor represented, no such relief is to be granted unless the court is satisfied-
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(a) that the applicant has taken all practicable steps to notify the respondent; or |
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(b) that there are compelling reasons why the respondent should not be notified. |
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(3) No such relief is to be granted so as to restrain publication before trial unless the court is satisfied that the applicant is likely to establish that publication should not be allowed.
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(4) The court must have particular regard to the importance of the Convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to-
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(i) the material has, or is about to, become available to the public; or
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(ii) it is, or would be, in the public interest for the material to be published;
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(b) any relevant privacy code. |
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(5) In this section-
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"court" includes a tribunal; and |
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"relief" includes any remedy or order (other than in criminal proceedings). |
| Freedom of thought, conscience and religion. |
13. - (1) If a court's determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right.
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(2) In this section, "court" includes a tribunal.
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Derogations and reservations |
| Derogations. |
14. - (1) In this Act, "designated derogation" means-
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(a) the United Kingdom's derogation from Article 5(3) of the Convention; and |
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(b) any derogation by the United Kingdom from an Article of the Convention, or of any protocol to the Convention, which is designated for the purposes of this Act in an order made by the Secretary of State. |
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(2) The derogation referred to in subsection (1)(a) is set out in Part I of Schedule 3.
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(3) If a designated derogation is amended or replaced it ceases to be a designated derogation.
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(4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the Article concerned.
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(5) The Secretary of State must by order make such amendments to Schedule 3 as he considers appropriate to reflect-
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(a) any designation order; or |
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(b) the effect of subsection (3). |
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(6) A designation order may be made in anticipation of the making by the United Kingdom of a proposed derogation.
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| Reservations. |
15. - (1) In this Act, "designated reservation" means-
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(a) the United Kingdom's reservation to Article 2 of the First Protocol to the Convention; and |
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(b) any other reservation by the United Kingdom to an Article of the Convention, or of any protocol to the Convention, which is designated for the purposes of this Act in an order made by the Secretary of State. |
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(2) The text of the reservation referred to in subsection (1)(a) is set out in Part II of Schedule 3.
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(3) If a designated reservation is withdrawn wholly or in part it ceases to be a designated reservation.
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(4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the Article concerned.
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(5) The Secretary of State must by order make such amendments to this Act as he considers appropriate to reflect-
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(a) any designation order; or |
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(b) the effect of subsection (3). |
| Period for which designated derogations have effect. |
16. - (1) If it has not already been withdrawn by the United Kingdom, a designated derogation ceases to have effect for the purposes of this Act-
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(a) in the case of the derogation referred to in section 14(1)(a), at the end of the period of five years beginning with the date on which section 1(2) came into force; |
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(b) in the case of any other derogation, at the end of the period of five years beginning with the date on which the order designating it was made. |
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(2) At any time before the period-
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(a) fixed by subsection (1)(a) or (b), or |
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(b) extended by an order under this subsection, |
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comes to an end, the Secretary of State may by order extend it by a further period of five years.
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(3) An order under section 14(1)(b) ceases to have effect at the end of the period for consideration, unless a resolution has been passed by each House approving the order.
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(4) Subsection (3) does not affect-
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(a) anything done in reliance on the order; or |
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(b) the power to make a fresh order under section 14(1)(b). |
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(5) In subsection (3) "period for consideration" means the period of forty days beginning with the day on which the order was made.
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(6) In calculating the period for consideration, no account is to be taken of any time during which-
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(a) Parliament is dissolved or prorogued; or |
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(b) both Houses are adjourned for more than four days. |
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(7) If a designated derogation is withdrawn by the United Kingdom, the Secretary of State must by order make such amendments to this Act as he considers are required to reflect that withdrawal.
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| Periodic review of designated reservations. |
17. - (1) The appropriate Minister must review the designated reservation referred to in section 15(1)(a)-
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(a) before the end of the period of five years beginning with the date on which section 1(2) came into force; and |
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(b) if that designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3). |
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(2) The appropriate Minister must review each of the other designated reservations (if any)-
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(a) before the end of the period of five years beginning with the date on which the order designating the reservation first came into force; and |
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(b) if the designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3). |
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(3) The Minister conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament.
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Judges of the European Court of Human Rights |
| Appointment to European Court of Human Rights. |
18. - (1) In this section "judicial office" means the office of-
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(a) Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales; |
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(b) judge of the Court of Session or sheriff, in Scotland; |
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(c) Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland. |
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(2) The holder of a judicial office may become a judge of the European Court of Human Rights ("the Court") without being required to relinquish his office.
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(3) But he is not required to perform the duties of his judicial office while he is a judge of the Court.
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(4) In respect of any period during which he is a judge of the Court-
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(a) a Lord Justice of Appeal or Justice of the High Court is not to count as a judge of the relevant court for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981 (maximum number of judges) nor as a judge of the Supreme Court for the purposes of section 12(1) to (6) of that Act (salaries etc.); |
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(b) a judge of the Court of Session is not to count as a judge of that court for the purposes of section 1(1) of the Court of Session Act 1988 (maximum number of judges) or of section 9(1)(c) of the Administration of Justice Act 1973 ("the 1973 Act") (salaries etc.); |
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(c) a Lord Justice of Appeal or judge of the High Court in Northern Ireland is not to count as a judge of the relevant court for the purposes of section 2(1) or 3(1) of the Judicature (Northern Ireland) Act 1978 (maximum number of judges) nor as a judge of the Supreme Court of Northern Ireland for the purposes of section 9(1)(d) of the 1973 Act (salaries etc.); |
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(d) a Circuit judge is not to count as such for the purposes of section 18 of the Courts Act 1971 (salaries etc.); |
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(e) a sheriff is not to count as such for the purposes of section 14 of the Sheriff Courts (Scotland) Act 1907 (salaries etc.); |
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(f) a county court judge of Northern Ireland is not to count as such for the purposes of section 106 of the County Courts Act (Northern Ireland) 1959 (salaries etc.). |
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(5) If a sheriff principal is appointed a judge of the Court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies, while he holds that appointment, as if his office is vacant.
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(6) Schedule 4 makes provision about judicial pensions in relation to the holder of a judicial office who serves as a judge of the Court.
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(7) The Lord Chancellor or the Secretary of State may by order make such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate in relation to any holder of a judicial office who has completed his service as a judge of the Court.
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Parliamentary procedure |
| Statements of compatibility. |
19. - (1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill-
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(a) make a statement to the effect that in his view the provisions of the Bill are compatible with the Convention rights ("a statement of compatibility"); or |
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(b) make a statement to the effect that although he is unable to make a statement of compatibility the government nevertheless wishes the House to proceed with the Bill. |
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(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate.
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Supplemental |
| Orders under this Act. |
20. - (1) Any power to make an order under this Act is exercisable by statutory instrument.
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(2) The power to make rules (other than rules of court) under section 2(3) or 7(9) is exercisable by statutory instrument.
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(3) Any statutory instrument made under section 14, 15 or 16(7) must be laid before Parliament.
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(4) No order may be made under section 1(4), 7(11) or 16(2) unless a draft of the order has been laid before, and approved by, each House of Parliament.
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(5) Any statutory instrument made under section 18(7) or Schedule 4, or to which subsection (2) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Interpretation, etc. |
21. - (1) In this Act-
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"the appropriate Minister" means the Minister of the Crown having charge of the appropriate authorised government department (within the meaning of the Crown Proceedings Act 1947); |
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"the Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom; |
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"the Commission" means the European Commission of Human Rights; |
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"declaration of incompatibility" means a declaration under section 4; |
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"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975; |
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"primary legislation" means any- |
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(b) local and personal Act;
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(d) Measure of the Church Assembly;
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(e) Measure of the General Synod of the Church of England;
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(f) Order in Council made under section 38(1)(a) of the Northern Ireland Constitution Act 1973;
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(g) Order in Council made in exercise of Her Majesty's Royal Prerogative;
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and includes an order or other instrument made (other than by the National Assembly for Wales or a member of the Scottish Executive) under primary legislation to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation; |
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"the First Protocol" means the protocol to the Convention agreed at Paris on 20th March 1952; |
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"11th Protocol" means the protocol to the Convention (restructuring the control machinery established by the Convention) agreed at Strasbourg on 11th May 1994; |
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"remedial order" means an order under section 10; |
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"subordinate legislation" means any- |
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(a) Order in Council other than one made in exercise of Her Majesty's Royal Prerogative or under section 38(1)(a) of the Northern Ireland Constitution Act 1973;
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(b) Act of the Scottish Parliament;
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(c) Act of the Parliament of Northern Ireland;
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(d) Measure of the Northern Ireland Assembly;
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(e) order, rules, regulations, scheme, warrant, byelaw or other instrument made under primary legislation (except to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation);
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(f) order, rules, regulations, scheme, warrant, byelaw or other instrument made under legislation mentioned in paragraph (b), (c) or (d) or made under an Order in Council applying only to Northern Ireland;
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"tribunal" means any tribunal in which legal proceedings may be brought. |
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(2) The references in paragraphs (b) and (c) of section 2(1) to Articles are to Articles of the Convention as they had effect immediately before the coming into force of the 11th Protocol.
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(3) The reference in paragraph (d) of section 2(1) to Article 46 includes a reference to Articles 32 and 54 of the Convention as they had effect immediately before the coming into force of the 11th Protocol.
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(4) The references in section 2(1) to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the 11th Protocol (transitional provisions).
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(5) In section 4(3) of the Northern Ireland Constitution Act 1973 (status of Measures of Northern Ireland Assembly), after "below" insert-
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" and to the Human Rights Act 1998". |
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| Short title, commencement, application and extent. |
22. - (1) This Act may be cited as the Human Rights Act 1998.
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(2) Sections 18 and 20 and this section come into force on the passing of this Act.
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(3) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
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(4) Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act committed before the coming into force of that section.
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(5) This Act binds the Crown.
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(6) This Act extends to Northern Ireland.
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